New Forest Horseboxes Rental Agreement – Terms and Conditions
- Please read this agreement carefully before signing. This agreement incorporates the detail of the terms & conditions.
- A mileage limit of 100 miles (half day), 150 miles (per day), 300 miles (per weekend) depending on hire period (excess mileage charged at £0.75p per mile).
- We supply the vehicle with a full tank of fuel, you must return the vehicle with a full tank of fuel.
- Smoking is strictly prohibited in any part of the horsebox.
- You shall remain solely responsible for insuring and keeping insured all personal goods and possessions including all horses and such other animals that we consent to being carried in a horsebox during the period of hire.
2 The Hirer’s Responsibilities
A. The hirer (“The Hirer”) of the vehicle (“The Vehicle”) must ensure that correct tyre pressures, engine oil level, coolant levels are maintained throughout the period of rental. The Hirer is also responsible for using the correct fuel type.
B. The Hirer must ensure that the Vehicle is always locked when unattended, and take all reasonable steps to prevent loss of or damage to the Vehicle, its tyres, tools, accessories, equipment and contents. The Hirer must always lock the Vehicle and ensure that all security devices supplied with or fitted to the Vehicle are used when the Vehicle is left unattended. For the avoidance of doubt, New Forest Horseboxes shall not be liable for the loss of any property left in or damaged as a result of being in the Vehicle The Hirer agrees to indemnify New Forest Horseboxes in full against any claims relating to any such property.
C. If the Vehicle is stolen or unlawfully taken or involved in any accident or incident howsoever caused the Hirer must:
· Inform the police and obtain an incident/crime number
· Inform New Forest Horseboxes’ within 24 hours
· Where reasonably practicable to do so, obtain names and addresses of any third parties and witnesses and supply them to New Forest Horseboxes in writing
· Send to New Forest Horseboxes immediately, a copy of any letter from any third party or any writ, summons or other document relating to court proceedings
· Help New Forest Horseboxes and its insurers in dealing with any Court proceedings including allowing Court actions to be taken in the Hirer’s name and defending any proceedings, attending Court if required by New Forest Horseboxes or its insurers
· At the time of any incident/accident make no admission of liability to any persons.
D. The Hirer must inform New Forest Horseboxes immediately if the vehicle suffers any damage or loss, develops any fault or requires any servicing.
E. The Hirer is not authorised to effect repairs to the Vehicle.
F. If the vehicle breaks down or is not roadworthy, the Hirer is responsible for arranging recovery of the Vehicle back to New Forest Horseboxes’ premises using Equine Rescue Services only.
G. The Hirer must not sell, lease, part with possession or dispose of the Vehicle or any of its parts or contents. The Hirer is responsible for keeping the Vehicle and its accessories in the Hirer’s (or any named driver’s) possession and free from legal process or lien.
H. The Hirer is responsible for ensuring that the Vehicle will not be used
· Outside the mainland of England, Wales and Scotland
· For hire or reward
· For propelling, pushing or towing any vehicle, caravan, or trailer
· For any illegal or in contravention of any legislation affecting the Vehicle, its use or construction
· If the vehicle suffers any damage, develops any fault or requires any servicing
· By any person who
· Is not licensed to drive the vehicle
· Is under 25 years of age or over 75 subject to the approval of New Forest Horseboxes’ insurers
· Has provided New Forest Horseboxes with a fictitious name, age or address
· Is not a named driver
· Has been convicted of a motoring offence, details of which have not been disclosed to New Forest Horseboxes in writing prior to the Rental Period
I. The Hirer must not represent that he/she/it is the owner of the Vehicle or a servant or agent of New Forest Horseboxes.
3 New Forest Horseboxes’ Obligations
A. New Forest Horseboxes agrees to make a vehicle available to the Hirer for the rental period (‘the Rental Period’) at the agreed collection time. The vehicle will be in good working order and fit for its normal purpose.
B. If the Hirer informs New Forest Horseboxes that the vehicle is unserviceable as a result of the Vehicle breaking down, New Forest Horseboxes will arrange, where reasonably practicable, for necessary repair to be promptly carried out to the Vehicle.
D. Subject to Clause 11, New Forest Horseboxes shall have no liability to the Hirer for loss or damage arising out of or in connection with the Hirer’s use of the Vehicle during the Rental Period.
- The conditions of New Forest Horseboxes’ insurance policy apply. Summaries of these are available on request.
· The Hirer shall not use or permit the Vehicle to be used in contravention of the terms and conditions of New Forest Horseboxes’ Insurance.
· Any Vehicle hired under this Agreement may only be driven by authorised drivers.
· The Hirer agrees to pay the insurance excess, in respect of each incident resulting in damage or loss to the Vehicle, third party vehicle, or any other property.
· Any payment paid under Clause 2d above is subject to any insurance excess.
· The Hirer shall be liable to pay the full cost of repair of any damage that the Vehicle may suffer as a result of any wilful or negligent action by the Hirer, the Hirer’s agent or servant and, or any named driver.
· The Hirer shall be liable to insure their horse/s for travel and hold a valid passport at all times while travelling. New Forest Horseboxes will not accept any liability for injury caused to the animal/s as a result of damaged caused by the horse to the horsebox.
5 Returning the Vehicle
A. The Hirer must return the Vehicle, together with its accessories, tyres, tools and equipment to New Forest horseboxes, at the end of the Rental Period or, if earlier, immediately on termination of the Agreement, in the condition prevailing at the commencement of the Rental Period (fair wear and tear accepted) clean and tidy (reasonable traffic grime accepted).
B. If the Hirer fails to return the Vehicle to New Forest Horseboxes at the agreed time the Hirer will be charged late return charges payable in accordance with Clause 7c below until such time as the vehicle is returned/recovered.
C. For the avoidance of doubt, the Hirer is responsible for any loss or damage sustained to the Vehicle whilst it is in the Hirer’s possession or if it is returned to New Forest Horseboxes outside of our office hours, and such responsibility shall continue until the Vehicle has been inspected upon its return to New Forest Horseboxes.
6 Conditions of Use
- The Hirer will inspect the Vehicle before the commencement of the Rental Period and the Hirer will inform New Forest Horseboxes at the time if the Vehicle is not complete, in good order and condition or fit for its normal purpose. The Hirer will inform New Forest Horseboxes at the time if:
· There is any damage to the Vehicle of which the Hirer has not been informed.
· The Vehicle does not have a full tank; and/or
· The mileage is not as stated in the Vehicle report.
B. If the person signing this Agreement is not the Hirer of the Vehicle, then by signing this Agreement the signatory warrants that he/she is authorised to sign this Agreement on behalf of the Hirer, and agrees that he/she is jointly and separately liable with the Hirer for all the obligations of the Hirer.
C. Maximum payload, (1050kg) of the Vehicle must not be exceeded.
D. No warranties are made concerning the fuel tank capacity or fuel consumption.
E. The Hirer will not be refunded for any unused fuel, early returns, or unused mileage/kms.
F. During the Rental Period the Hirer shall be responsible for the payment of any:
· Fixed penalty offences committed in respect of the Vehicle under part 111 of the Road Traffic Offenders Act 1988, as amended, replaced or extended by any subsequent legislation or orders, and any such offence committed under the equivalent legislation applicable to Scotland.
· Excess charge which may be incurred in respect of the Vehicle in pursuance of an Order under section 15 and 16 of the Road Traffic Regulations Act 1984, as amended replaced or extended by any subsequent legislation or orders, and under the equivalent legislation applicable to Scotland.
· Penalty or charge which may be demanded by any person, corporation or authority as a result of the Vehicle having been parked or left upon any public or private land or road.
The Hirer agrees to pay:
A. The Rental Charges as agreed.
B. Any charge for loss or damage resulting from the Hirer not complying with Clause 2 of this Agreement
C. A £40 polishing fee is chargeable for any minor damage to paintwork as a result of contact with trees or bushes
D. A £25 cleaning fee is chargeable if the box is returned and has not been washed and swept out in the horse area removing any bedding, hay and solids, and cleaned out in the tack area.
E. If the box is returned late (for whatever reason) on a half day hire, a full day hire fee will be charged. For full day hire, if the box is returned on the day of hire, a £300 per day penalty fee will automatically apply.
F. For the repair of any damage caused to the vehicle, during the period of hire.
G. The full replacement costs for any accessories, keys, tyres, tools or equipment lost, stolen or damaged and any costs or losses suffered by New Forest Horseboxes whilst the vehicle is in the Hirer’s possession
H. Any charges arising from HM Customs & Excise or any local authority seizing or impounding the Vehicle, together with a loss of income charge while New Forest Horseboxes cannot rent out the Vehicle
I. If the Hirer has negligently used the Vehicle causing it to stop working properly
J. Any costs (including legal costs) incurred by New Forest Horseboxes in recovering any sums overdue from the Hirer.
9 Right to cancel
- You have the right to cancel the contract at any time up to the end of 7 days prior to commencement of the hire but any booking deposit will NOT be refundable if we are unable to re-allocate the hire.
- You will NOT be able to cancel the contract once we have begun to perform the hire services. If you cancel for whatever reason your deposit or any payment made for the hire booking will not be refundable.
10 Data Protection
The Hirer (which for the purpose of this Clause 9 only also includes the person signing this Agreement and any named driver) agrees that New Forest Horseboxes may:
· Use the Hirer’s personal information for administrative purposes, and market research; and
· Disclose this information to its service providers and agents including (but not limited to) its insurers, credit reference agencies and the driver and Vehicle Licensing Authority; for any purpose authorised under the Data Protection Act 1998.
11 Contracts (Rights to Third parties)
A person who is not a party to this Agreement has no right under the Contracts (Rights to Third parties) Act 1999 or otherwise to enforce any provision of this Agreement.
12 IMPORTANT – LIMITATION OF LIABILITY
NEW FOREST HORSEBOXES IS ONLY RESPONSIBLE FOR REASONABLY FORESEEABLE LOSSES SUFFERED BY THE HIRER AS A DIRECT RESULT OF NEW FOREST HORSEBOXES’ NEGLIGENCE OR BREACH OF THIS AGREEMENT. ANY SUCH LIABILITY IS SUBJECT TO A MAXIMUM EQUAL TO THE TOTAL CHARGES PAYABLE BY THE HIRER (EXCEPT IN RELATION TO DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENT ACT OR OMISSION, WHERE OUR LIABILTY IS UNLIMITED). NEW FOREST HORSEBOXES IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE WHATSOEVER WHICH IS NOT REASONABLY FORESEEABLE BY NEW FORST HORSEBOXES OR THE HIRER AT THE TIME OF SIGNATURE OF THIS AGREEMENT.
13 Governing Law
The construction validity and performance of this Agreement shall be governed by the Laws of England, and the English Courts shall have exclusive jurisdiction.